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A6979Assembly2017-2018 SessionSame asS1902

Refund for Sick Pets

Official title

“Authorizes a consumer to seek reimbursement for treatment for an unfit cat or dog within 30 days of the purchase of such animal from a pet dealer”

Sponsor Matthew TitoneAD-61Affects Public Safety & Consumer Affairs
Status
In Assembly Committee
Consumer Affairs And Protection
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Affairs And Protection

What's happening

This bill, "Charlemagne's law," extends consumer protections for purchasing sick or unfit dogs and cats from pet dealers.

Why it matters

  1. Longer certification window. Statewide, buyers would have 30 days rather than 14 business days to obtain veterinary certification of illness or contagious or infectious disease symptoms, measured from the sale or receipt of the required notice, whichever is later. The 180-calendar-day window for congenital malformations would remain unchanged.

  2. Lifetime treatment costs. Buyers who keep a qualifying animal could seek reimbursement for treatment during its lifetime, without the existing purchase-price cap. Charges would still have to be reasonable compared with nearby veterinarians’ rates, and unrelated initial examination and diagnostic fees would remain excluded.

  3. Prospective coverage. The changes would apply only to dogs and cats purchased from pet dealers on or after the effective date, 30 days after the bill becomes law. Buyers would retain the alternatives of returning the animal for a refund or an equivalent-value exchange.

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Who cares

  • Dog and cat buyers

    Those keeping an animal certified as unfit could seek treatment reimbursement beyond its purchase price and throughout its lifetime.

  • Pet dealers

    Dealers would face a longer illness-certification window and potentially greater reimbursement obligations for animals buyers keep.

  • Licensed veterinarians

    Their certifications would continue to establish eligibility for remedies, while treatment charges would remain subject to comparison with nearby veterinarians’ rates.

Headline styles

Refund for Sick Pets

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Matthew Titone

Assembly Member · Assembly District 61

No co-sponsors yet.

History

  1. Referred to consumer affairs and protection
  2. Referred to consumer affairs and protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S1902Senate

Pet Buyer Vet Reimbursement

In Senate Committee · Rules · Sponsor Leroy Comrie

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6979

2017-2018 Regular Sessions

IN ASSEMBLY

March 28, 2017

Introduced by M. of A. TITONE -- read once and referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to dogs and cats unfit for purchase due to illness, a congenital malformation, or symptoms of a contagious or infectious disease

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Short title. This act shall be known and may be cited as "Charlemagne's law".

§ 2. Subdivision 1 of section 753 of the general business law, as amended by chapter 251 of the laws of 2013, is amended to read as follows:

1. If, within [fourteen business days] thirty days following the sale of an animal subject to this article or receipt of the written notice required by section seven hundred fifty-four of this article, whichever occurred last, a veterinarian of the consumer's choosing, licensed by a state certifies such animal to be unfit for purchase due to illness or the presence of symptoms of a contagious or infectious disease, or if, within one hundred eighty calendar days following such sale or receipt, whichever occurred last, a licensed veterinarian certifies such animal to be unfit for purchase due to a congenital malformation which adversely affects the health of the animal, the pet dealer shall afford the consumer the right to choose one of the following options:

(a) The right to return the animal and receive a refund of the purchase price including sales tax and reasonable veterinary costs directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section;

(b) The right to return the animal and to receive an exchange animal of the consumer's choice of equivalent value and reasonable veterinary costs directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section; or

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00216-01-7

A. 6979 2

(c) The right to retain the animal and to receive reimbursement from a pet dealer for veterinary services from a licensed veterinarian of the consumer's choosing, for the purpose of curing or attempting to cure the animal during the lifetime of such animal. [The reasonable value of reimbursable services rendered to cure or attempting to cure the animal shall not exceed the purchase price of the animal.] The value of such services is reasonable if comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian. Such reimbursement shall not include the costs of initial veterinary examination fees and diagnostic fees not directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section.

The commissioner by regulations shall prescribe a form for, and the content of, the certification that an animal is unfit for purchase, which shall be provided by an examining veterinarian to a consumer upon the examination of an animal which is subject to the provisions of this section. Such form shall include, but not be limited to, information which identifies the type of animal, the owner, the date and diagnosis of the animal, the treatment recommended if any, and an estimate or the actual cost of such treatment. Such form shall also include the notice prescribed in section seven hundred fifty-four of this article.

The commissioner by regulations shall prescribe information which shall be provided in writing by the pet dealer to the consumer upon the sale of the animal. Such information shall include, but not be limited to, a description, including breed of the animal, the date of purchase, the name, address and telephone number of the consumer, and the amount of the purchase. The pet dealer shall certify such information by signing the document in which it is contained.

§ 3. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to dogs and cats purchased from a pet dealer on or after such effective date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.